January 2011 - National Labor Relations Board

10060 THE CONFIDENTIAL WITNESS AFFIDAVIT10060.3 Achieving ConfidenceInitially, Board agents should introduce themselves and explain the purpose of theinterview. Board agents must clearly convey their complete neutrality, that they aremerely seeking the truth and otherwise create an atmosphere conducive to achievingconfidence. Board agents should develop a rapport with the witness, and, if appropriate,should appeal to the witness’ sense of civic pride and remind the witness that the abilityof the Agency to enforce the law is dependent upon their full cooperation.10060.4 Site of InterviewBoard agents should select interview sites which:Maximize privacyEnhance cooperationAvoid locations where employees might be unlikely to provide full andcandid testimony, e.g., charged party’s facilityAvoid circumstances which could result in the interview being used as apretext for a general employee or membership meeting andProvide a safe and appropriate environment for Board agents andwitnesses10060.5 Assurances of ConfidentialityAt the beginning of the interview, the Board agents should give the followingconfidentiality assurance, which should also be incorporated in the affidavit:I have been given assurances by an agent of the National Labor RelationsBoard that this Confidential Witness Affidavit will be considered aconfidential law enforcement record by the Board and will not bedisclosed unless it becomes necessary to produce the Confidential WitnessAffidavit in connection with a formal proceeding..An affidavit may be disclosed pursuant to Sec. 102.118(b), Rules and Regulations(Jencks Act) after a witness has testified in a Board proceeding and in some instances theaffidavit may become public without the necessity of proceeding to a formal hearing(e.g., where the affidavits are attached to a petition for injunctive relief or where they areattached to a Motion for Summary Judgment). Where the witness has particular concernsRevised 01/11